Failure to Warn About Product Defects: Can You Sue?

If you were injured by a defective product, then you might be able to pursue compensation through a Raleigh product liability claim. A “failure to warn” about the defect could be enough reason to file a negligence claim and to go after the manufacturer or anyone else along the chain of distribution.

However there are several factors that go into this type of case that you or your injury attorney must first consider.

Factors to Consider

Here is an overview of some of the things you should consider before trying to file an injury claim:

• Was the risk so obvious that no warning was needed, or was a warning required because a risk was totally unanticipated? A box of matches should not need a warning to alert someone that a match could spark a fire; that’s an obvious risk. But in a car defect case, for example, a car maker was considered at fault for not informing drivers that their seats could fall backwards in a collision if they are overweight.
• Did you use the product correctly? If you were using the product according to the instructions, then your claim gains validity. If you misused the product, was this misuse something the manufacturer should have anticipated and warned about? However, if your own careless actions can be faulted in any way for the injurious accident, this could be fatal to your case as North Carolina is one of the few contributory negligence states.
• Was the warning clearly marked? Perhaps the manufacturer did provide a warning. But if the warning was not prominent, they could still be held liable for a failure to warn. For example, if the necessary warning was hidden deep in a wordy packet of instructions, or if the wording is complex, then this could still be considered a failure to warn.

Even if a manufacturer did not know about the defect, but it was one they should have already known about, then they could still be faulted. And if a manufacturer discovers a risk later on, then they have the responsibility to provide warnings as soon as possible. For example, GM is currently under fire and may be held responsible for not adequately warning drivers of a deadly risk they discovered in some of their vehicles.

Steps to Take

Find out when you call the Whitley Law Firm. Our experienced legal team may able to tell you if you have a case, and to tell you how much you could be owed in compensation for your injuries.

Talk with a personal injury lawyer in Raleigh today, no matter where you are in North Carolina, and you could find the answers and representation you need. We have more than 38 years of experience, and we dedicated our practice to upholding the rights of injured victims and bereaved families. Learn more when you give us a call today!